Local
Choi trial halted after challenge to judge’s ruling
Preliminary evidence shows ‘vindictive prosecution’

Former Army Lt. Dan Choi and 12 others were arrested last year after protesting ‘Don’t Ask, Don’t Tell’ at the White House. (Blade file photo by Michael Key)
A federal judge on Wednesday suspended the trial of gay former Army Lt. Dan Choi after the prosecutor said she would challenge his preliminary finding that sufficient evidence exists that Choi was targeted for “vindictive prosecution” in connection with a White House protest last November.
Choi and 12 other activists were arrested Nov. 15 for handcuffing themselves to the White House fence to protest the “Don’t Ask, Don’t Tell” law. Choi faces a possible sentence of six months in jail or a $5,000 fine if convicted on a misdemeanor charge of disobeying a lawful order to disperse from the fence.
In a tense exchange between U.S. District Court Magistrate Judge John Facciola, prosecutor Angela George announced she would file a request for a writ of mandamus or legal challenge before the court’s chief judge to contest Facciola’s decision to allow Choi’s attorneys to pursue a vindictive prosecution defense.
Facciola responded by saying he would suspend the trial for 10 days to give George, an assistant U.S. Attorney, time to prepare a motion for a writ of mandamus and to provide Chief Judge Royce Lamberth time to consider it.
William Miller, a spokesperson for the U.S. Attorney’s office, confirmed that George would seek the writ of mandamus from Lamberth. But he declined to comment further on the matter, saying his office never comments on pending cases.
If Lamberth grants the request, legal observers say Facciola would likely be directed not to allow Choi’s attorneys to pursue a vindictive prosecution defense. Should he turn down the request, Facciola would be free to allow the vindictive prosecution defense to move forward.
Such a defense would allow Choi’s attorneys to pursue documents and subpoena witnesses that Choi’s supporters say could possibly link the alleged effort to go after Choi for a harsher prosecution to higher-level government officials, including officials at the White House.
Defense attorney Robert Feldman called Facciola’s finding that the defense presented a “prima facie case” that a vindictive prosecution occurred a “vindication” of Choi’s longstanding contention that his arrest and prosecution violated his constitutional right to free speech.
The clash between George and Facciola came on the third day of the trial and one day after Choi testified for more than two hours as the lead witness for his own defense, saying he was exercising his First Amendment right to free speech at the White House protest.
In response to Feldman’s questions, Choi testified at length about his role as a civil rights activist for LGBT people and for gays in the military. He told how he models his actions on the black civil rights movement of the 1960s, including the famous lunch counter sit-ins at a Woolworth’s department store in Greensboro, N.C., that challenged segregation laws.
Choi testified that a series of three White House protests against the “Don’t Ask, Don’t Tell” law on gays in the military, in which he and other activists were arrested at the White House fence, were based on the same principle used in the black civil rights movement for exercising a constitutional right of free speech.
“I believe that was a transformative moment,” he said of the White House protests.
George objected repeatedly to Choi’s dialogue on civil rights, saying it was not relevant to the case at hand. To the amazement of some courtroom observers, Facciola overruled her objections almost every time she raised them.
In her cross-examination of Choi, George pressed the former Army officer, West Point graduate and combat veteran in the Iraq war to respond to the charge that he disobeyed a lawful order to disperse from the White House fence.
Choi responded by citing a provision in U.S. military law pertaining to unlawful orders.
“If you are given an order that is unlawful or immoral, it is your duty to disobey that order,” he said.
Feldman and defense co-counsel Norman Kent told reporters covering the trial that Choi’s defense is based, in part, on the premise that prosecutors singled him out for a harsher prosecution when they charged him with violating a federal regulation pertaining to White House protests and demonstrations along the White House fence and sidewalk.
The federal regulation carries a penalty of six months in jail and a possible $5,000 fine. The two attorneys said people arrested in virtually all other White House demonstrations in recent memory – including Choi and other activists in similar protests in April and May of 2010 – were charged under a D.C. municipal ordinance they compare to a traffic violation that carries no prison sentence.
In his testimony on Tuesday, Choi said he believes prosecutors decided to invoke the far more harsh federal regulation against him in the Nov. 15, 2010 case, which he now faces at trial, because of his role as a gay former military officer who is “standing up for my beliefs.”
Choi stated in his testimony that thousands of people appeared to have violated the same regulation with which he was charged when they gathered at the White House earlier this year to celebrate President Barack Obama’s announcement that accused terrorist Osama bin Laden had been killed in a U.S. military operation in Pakistan.
Choi and his attorneys noted that dozens of the revelers that evening clung to the White House fence and did not move back and forth along the sidewalk, as required under the ordinance for a demonstration, when they cheered and expressed support for the president’s role in bin Laden’s capture and death.
By not attempting to disperse or arrest the throngs that congregated at the fence on that occasion while they arrested Choi and other protesters for challenging Obama on his handling of the “Don’t Ask, Don’t Tell” law shows that Choi was singled out for “vindictive” prosecution, Choi’s attorneys argue.
Choi and his attorneys also argue that the ordinance that Park Police used to arrest Choi violates the 1969 U.S. Supreme Court decision Shuttlesworth v. Birmingham. The decision overturned a Birmingham, Ala., law used by police there to arrest a civil rights protester in 1963 for demonstrating without a permit on grounds that the law was used to stifle his constitutional right to peacefully parade in a civil rights protest.
In anticipation of Choi’s vindictive prosecution defense, the government filed a motion last Sunday, one day before the trial opened, arguing that rules established by previous court decisions require a vindictive or “selective” prosecution defense to be introduced prior to the start of a trial. The 14-page motion argues that such a defense cannot be introduced during a trial and that Choi’s defense team failed to introduce the defense before the trial started.
Facciola did not rule on the motion at the start of the trial, saying he would do so as the trial progressed to first determine whether Choi’s attorneys would move forward with that defense.
When questioned by George during the trial on Wednesday, Facciola said he chose to reject the government motion on grounds that prior decisions by appeals courts requiring a vindictive or selective defense to be introduced prior to trial applied only to jury trials.
Choi’s case moved forward as a non-jury trial similar to other misdemeanor cases involving alleged violation of regulations pertaining to protest demonstrations at the White House.
George’s announcement about the writ of mandamus came after Facciola appeared to side with arguments by the defense that the government singled out Choi for a harsher prosecution for his Nov. 15, 2010 White House protest.
They attracted national media attention when Choi and 12 other LGBT activists handcuffed themselves to the White House fence. About 75 supporters who assembled across the street in Lafayette Park cheered and chanted slogans for LGBT equality while Park Police removed the handcuffs with bolt cutters and placed Choi and the other protesters under arrest.
In May of this year, the 12 others who were arrested agreed to a government offer to plead guilty to the charge in exchange for the government dismissing the case against them in six months if the activists don’t get arrested during that period for any reason, including a similar civil disobedience protest.
Choi told reporters at a news conference outside the federal courthouse Monday, after the trial recessed for the day, that he rejected the government’s plea bargain offer because he believes the law and regulation used to arrest him is unconstitutional.
“I believe there is no law that, in the history of this country, abridges freedom of speech, assembly, or the right to protest for redress of grievances, which were clear and made plain by all of the defendants,” he said.
George called five Park Police officers and a U.S. Park Ranger as government witnesses on Monday. Under questioning from George, they testified that they had no intention of singling out the protesters for their political beliefs or because of their sexual orientation.
In his cross-examination of the officers, Feldman questioned the validity of their decision to charge Choi under the federal regulation rather than the less serious D.C. municipal statute.
Feldman released an e-mail sent to the defense on Friday by George that extended another offer for Choi to plead guilty to the charge in exchange for the dismissal of the case by the government if Choi refrained from getting arrested for the next four months.
Feldman said Choi responded by saying he would accept the offer only on condition that the government issue a public apology to Choi in court on Monday for the arrest and prosecution against him. Feldman said the government rejected the conditions, prompting Choi to turn down the offer.
A spokesperson for the U.S. Attorney’s office said the office would have no comment on the case while the trial is in progress.
Park Police Lt. Robert Lachance, who led a team of officers assigned to arrest the protesters, testified that an assistant solicitor general at the Department of Interior, which has jurisdiction over the Park Police, advised him that the act of chaining oneself to the White House fence violated a federal regulation against actions that pose a threat to public safety, obstruct traffic, and potentially prevent “emergency responders” from carrying out their work.
At the news conference, Feldman said he planned to argue at the trial that Choi’s action at the White House fence did not violate the regulation and statute cited by the Park Police and by prosecutor George.
“It’s uncontroverted that Lt. Choi is no threat to the public safety whatsoever,” said Feldman. “Neither does he obstruct traffic, which is the second part of the regulation.”
Feldman said he would also argue that the regulation used by authorities to arrest Choi applies only to the sidewalk next to the White House fence. He noted that Choi and the other protesters were standing on a masonry ledge that rises above the sidewalk and serves as an anchor for the White House fence.
“It’s very clear that my client was never on the sidewalk,” Feldman said. “He was on the masonry fence, which is above the sidewalk. And the warnings from Lt. Lachance said, ‘Get off the sidewalk.’ How can you get off the sidewalk if you were never on the sidewalk?”
He said he would also argue that Choi was unable to hear the warning that Lachance made to the protesters through a loudspeaker brought to the scene by Park Police. Lachance testified that he read a scripted message three times ordering the protesters to leave the fence and warning them they would be arrested if they did not comply with that order.
Feldman said Lachance’s warnings were drowned out by loud shouts and chants by Choi and the other 12 protesters handcuffed to the fence as well as by dozens of other protesters assembled in Lafayette Park.
The chants and shouts could be heard in a video recording of the protest that George played in the courtroom as part of a prosecution exhibit for the trial.
“There’s a cacophony of noise all around, and how can you possibly hear Lt. Lachance’s warnings to go away?” Feldman said at the news conference.
Gay activist and former military Capt. Jim Pietrangelo II testified on Tuesday as a defense witness, saying he observed first-hand what he believes were attempts by Park Police and government officials overseeing the police action an effort to single Choi out for a harsher charge based on Choi’s statutes as a gay former military officer and advocate for gays in the military.
Rehoboth Beach
Celebrate Pride in Rehoboth Beach this weekend
‘A vital space for community, healing, and connection’
Pride in Rehoboth Beach is kicking off this week on Friday, July 17, with events happening throughout the weekend.
“Rehoboth Beach Pride is more than a festival — it is a vital space for community, healing, and connection,” said David Mariner, director of Sussex Pride, which organizes many of the events.
The weekend will begin with the Grand Opening & Community Preview from 1-4 p.m. on Friday, July 17, celebrating the opening of Novus Medical Services and the new Sussex Pride Community Center.
This will be followed by an Interfaith Pride Service at 6 p.m. at the Metropolitan Community Church Rehoboth to gather for healing and the affirmation of queer spirituality with Rev. Carla Christopher, chair of Sussex Pride Faith.
Members of the community are then invited to head over to join the Rehoboth Beach Bears at the Pines to have dinner, mingle, and give back to local initiatives.
End the first night of Pride in Rehoboth at Diego’s Bar & Nightclub with music by DJ Joey P from 9 p.m.-1 a.m.
Rehoboth Beach Pride Festival will take place on Saturday, July 18, 2026, from 9 a.m.- 3 p.m. inside the Rehoboth Beach Convention Center. A full list of events is available at rehobothbeachpride.org.
Roxy Overbrooke will host on the main stage as live performances take place throughout the day, featuring music from DJ MK and Tribe 9 Entertainment.
The festival will include educational workshops, community meetups, and a raffle dedicated to raising funds for unhoused LGBTQ+ youth across Delaware.
Feature workshops include panels discussing topics such as unhoused LGBTQ+ youth in Delaware, the needs of trans and non-binary youth, as well as the increase in HIV and syphilis diagnoses amid federal budget cuts, in a panel moderated by Blade Editor Kevin Naff.
Saturday night will also feature an evening comedy and entertainment show at the Convention Center presented by the Gay Women of Rehoboth. Performers will include comedians Suzanne Westenhoefer and Karen Mills as well as musician Kristen Merlin. Tickets are available at gaywomenofrehoboth.org.
The Rehoboth Beach Pride Ride will take place at 10 a.m. on Sunday, July 19, hosted by the Dykes on Bikes Rehoboth Beach Women’s Motorcycle Club, starting at Lefty’s.
Goolee’s Drag Brunch will also take place on Sunday from 12-2 p.m at Goolee’s Grille. This is a family-friendly event hosted by Regina Cox and Ruby, featuring Aurora Sterling, Michelle Leigh Sterling, Scarlet St. Cartier, and Joanna Blue. Tickets can be purchased online.
Pride in Rehoboth will conclude at 2 p.m. with the official Rehoboth Beach Pride Closing Party at Aqua Bar & Grill, celebrating the venue’s landmark 20th anniversary with DJ Biff until 7 p.m.
Due to an influx of visitors for the summer season, those coming from out-of-town are encouraged to use the Park & Ride.
Maryland
Christa Tichy hopes to preserve LGBTQ representation in Md. House of Delegates
Queer Democrat running to succeed retiring state Del. Bonnie Cullison
When longtime Maryland state Del. Bonnie Cullison (D-Montgomery County) announced she would retire, Christa Tichy immediately saw an opportunity.
The queer Democrat advanced from the June primary and will appear on the November ballot, hoping to succeed one of Maryland’s first openly LGBTQ legislators and preserve LGBTQ representation in Annapolis.
“But when Bonnie made that announcement, I knew right away that that’s what I was supposed to do,” Tichy told the Washington Blade during a recent interview. She always felt connected to Cullison’s background, which she said is very similar to her own.
Some of these shared traits include a background in teaching and a strong connection to Leisure World of Maryland. Cullison has inspired her in the past and feels motivated to take her place. She had always hoped to be her successor.
Besides their shared background, she also understands how important it is under the Trump-Vance administration to advocate for LGBTQ rights, as Cullison had in the past.
“I think there’s a lot of fears with the present administration of losing certain rights. And you know, Bonnie was a big advocate for marriage equality. I want to continue that, and you know, make sure that legislation that protects that is in place,” Tichy said.
Beyond specific policy priorities, Tichy said preserving LGBTQ representation in the General Assembly was equally important.
“I mean, of all the candidates that ran, I was the only female. […] I thought we needed that voice. We could not just let that voice be forgotten,” Tichy said.
Tichy said she believes serving in the Maryland General Assembly is where she can have the greatest impact on the issues she cares most about; including education, labor, and working families.
“I knew that this was my passion, and I felt this is where I could be most effective on a state level when it came to education, labor, for working with families,” Tichy said.
Throughout the campaign, Tichy said one unexpected source of enthusiasm came from her personal life. She and her now-wife, Jodie Bekman, were married during the campaign, and constituents closely followed their journey.
“A lot of my constituents knew that I was engaged in getting married, and they met my now wife, and our marriage was like part of the campaign,” Tichy said. “So, like our ring, the date, […], Jodie would come along with me just about at every event, so people got to know her and couldn’t help but like her.”
She believes that openness helped voters connect with her campaign on a personal level.
“I think there was an energy and an excitement to seeing two people that much in love that actually could win. I think that all contributed to it,” Tichy said.

Tichy also credited support from other LGBTQ elected officials, including state Del. Kris Fair (D-Frederick County), who chairs Maryland’s LGBTQ+ Caucus, and Montgomery County Councilmember Evan Glass. She said Fair was among the first elected officials to publicly endorse her campaign.
She also praised the volunteers who helped propel her through the primary election, from canvassing neighborhoods to enduring rainy weather on Election Day.
“When I think of how they stood out […] in the rain on election day with raincoats and umbrellas pouring down, holding walk cards that were like just folding over. They were so wet and damp. That’s the type of dedication that we had,” Tichy said.
Outside of politics, Tichy has built a career breaking barriers in the skilled trades. She became Maryland’s first female licensed Master Electrician and now teaches electrical trade courses, helping students prepare for careers in the field.
She said many of her students come from underserved communities and that helping them find stable careers has reinforced her commitment to workforce development.
A lot of her policies focus on workforce development and encouraging more women to join career trades.
Her experiences in the electrical trade also shaped many of her policy priorities. Tichy said she has advocated for better workplace conditions, including properly fitting equipment for women and paid time off for workers who were often reluctant to take leave.
Working in a male-dominated profession, she said, was not always easy.
“I remember how many times I wanted to say, ‘I’m going to give up. I’m not going to do this. It’s too hard,’ and I always thought — I’m a mom. I have, you know, four boys now, but they needed me, and I was all they had, right?” Tichy said.
Looking ahead to November, Tichy said she hopes to continue the success of her campaign thus far and to keep reaching out to her community for support.
“Our diversity is our greatest strength, and by working together, there is no challenge we cannot overcome,” she said in a statement after winning the Democratic primary.
Other LGBTQ candidates also advanced to the general election, which can be found here.
Rehoboth Beach
Suzanne Goode wants efficient spending, better infrastructure for Rehoboth
Mayoral candidate has clashed with colleagues over city finances
(Editor’s note: This is the second installment in a three-part series profiling the candidates for mayor of Rehoboth Beach, Del.: Commissioners Suzanne Goode, Susan Stewart, and Craig Thier; a fourth candidate, William Raak, filed to join the race but has not responded to Blade inquiries.)
Rehoboth Beach City Commissioner Suzanne Goode, a candidate for mayor, told the Blade she’s running on a platform prioritizing efficient spending, improving infrastructure, and increasing affordability.
A Maryland native, Goode became a full-time resident of Rehoboth Beach with her husband in 2016. The two have been homeowners in Rehoboth since 2006. Goode became involved with Rehoboth politics soon after moving to town full time.
“I started attending meetings back in 2018 right after we moved here full time. I feel that the city needs to change desperately. They really are in trouble.”
“I never expected to get involved, but once I saw how dysfunctional everything was, that’s what inspired me.”
Goode said that her background in economic consulting makes her qualified to oversee how the city spends taxpayer dollars.
“I’m an economist, that’s my background. I present data at some of these meetings, but no one is willing to analyze the data or even respond as to why we aren’t doing things differently,” said Goode.
“We have other commissioners who are so unwilling to make the hard decisions and cut spending,” said Goode.
“We have so much wrong with the way money is being spent to defend the bureaucracy and not to give back power to the voters, the taxpayers,” said Goode.
But the city’s budget numbers contradict Goode’s claims about financial mismanagement.
The city reported that it ended fiscal year 2025 with a $1.21 million surplus. The 2027 budget was adopted in March and projects an operating surplus of about $875,000.
Elected as a city commissioner in 2024, Goode says she has made an effort to limit spending. She has had multiple public disagreements with fellow commissioners, in particular, Susan Stewart, who is also running for mayor.
In a March 9th commissioner’s meeting, Stewart publicly disclosed a series of Goode’s emails, outlining allegations of misconduct and harassment, all of which Goode denied and claimed were false.
The emails alleged racially and sexually demeaning remarks from Goode about city staff and officials, including City Manager Taylour Tedder.
Goode has criticized the city’s decision to give Tedder a $750,000 forgivable home loan and a $250,000 salary, which is $90,000 more than the previous city manager.
“Under his stewardship, he has handed out excessive pay packages, including benefits to his immediate deputy administrators, all with taxpayer money,” Goode said.
The Blade has reached out to Tedder for comment.
Goode spoke against the decision to hire City Solicitor Lisa Borin Ogden and has made attempts to reduce her $200,000 annual salary.
Goode also disagrees with Tedder’s hiring of consultants for the city: “My goal is to cut the endless stream of consultancies that the city manager contracts, which do not seem to improve the quality of life for the average resident or visitor to Rehoboth Beach.”
“I don’t believe we need additional advice about how to run things,” said Goode. “We just need to improve infrastructure at this point, cut back on some of the excessive compensation packages, not to the working class among our employees, but to the executives and the administrators,” said Goode.
Goode also disapproves of Tedder’s ‘Reimagine Rehoboth’ master planning initiative and says that it “would come to an immediate halt” if she were elected mayor.
“You have to hope that we make better decisions going forward. It would be a benefit to everyone, to visitors, to homeowners, both second homeowners and full-time residents.”
Goode’s platform focuses on expanding and improving the infrastructure throughout Rehoboth. She says she would like to work to “improve infrastructure to include replacement of crumbling and uneven sidewalks.”
She shared that as a resident, she has experienced hazardous conditions when trying to walk or bicycle at night due to what she calls an insufficient amount of streetlights.
Goode also has her sights set on improving Rehoboth’s wastewater treatment system.
“We have complex issues with wastewater treatment. I will continue to advocate against Rehoboth Beach becoming the destination where treated wastewater is sent from areas outside Rehoboth.”
“I want to fully support the working class, the line people, the sanitation workers, the people on city staff who keep the city running and who are the most important workers in many ways,” said Goode.
Goode also addressed her approval of efforts to construct a venue for Clear Space Theatre Company in town, saying, “I think it’s a wonderful use of some city-owned land.”
However, she is cautious about talks to give Clear Space money toward construction of the theater, saying the decision should go to public referendum.
The Blade asked Goode if maintaining Rehoboth’s perfect score on the Human Rights Campaign’s Equality Index would be a priority as mayor. She said that it would be a priority and that she is proud of Rehoboth’s relationship with the LGBTQ+ community. However, she bemoaned the lack of racial diversity among Rehoboth homeowners.
“While we have LGBTQ+ diversity, we have little racial diversity among the property owners with very few African Americans owning homes in Rehoboth. That is, in my view, a bad thing.”
“We want diversity of demographics and race. In order to do that, in order to make Rehoboth more affordable to everyone.”
Goode also responded to claims that she opposes the rainbow sidewalks in town by saying that she thinks they are “attractive” but is worried that they “necessitate more labor.”
“My priorities are safety and affordability,” said Goode. “Unfortunately, the rainbow crosswalks have potentially reduced the upkeep of the conventional crosswalks. But the rainbow crosswalks are attractive in and of themselves, and they do add to our recognition of Rehoboth’s longstanding status as a gay-friendly town.”
Goode said that she noticed recently at the intersection of First Street and Baltimore Avenue that the two rainbow crosswalks were freshly painted for the spring while the two white crosswalks were “faded and unsafe.”
The election will take place on Aug. 8, from 10 a.m.-6 p.m. at the Convention Center.
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